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HomeMy WebLinkAbout02/04/2020 08 Development Agreement for Plat of Apple Tree Phase 4 - Public Hearing a\'4\lyy bxk ik 1 1-:41 PPPPPP+Pd s' lii it tYlltYlA.\ta. BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 8. For Meeting of: February 4, 2020 ITEM TITLE: Public hearing and resolution on the proposed Development Agreement with Apple Tree for Apple Tree Phase 4 located in the vicinity of S 86th Ave and Occidental Rd SUBMITTED BY: Joan Davenport,AI CP, Director of Community Development Joseph Calhoun, Planning Manager(509) 575-6042 SUMMARY EXPLANATION: Apple Tree Construction Company LLC submitted a development agreement for the proposed plat of"Apple Tree Phase 4," consisting of 30 single-family residential lots located in the vicinity of S. 86th Ave. and Occidental Rd. This subdivision received preliminary plat approval on June 6, 2017, by the Yakima City Council (Resolution No. R-2017-070).As a condition of approval, the developer was required to submit and record a city-approved development agreement to provide for the private streets within this development prior to approval of the final plat. This Development Agreement is now ready for Council's consideration and approval. The Public Hearing notice has been provided to all Yakima-area media, including Tu Decides, KDNA Radio, El Sol de Yakima, Hispanavision, Bustos Media, and El Mundo. ITEM BUDGETED: NA STRATEGIC PRIORITY: Neighborhood and Community Building APPROVED FOR SUBMITTAL BY THE CITY MANAGER RECOMMENDATION: Approve development agreement and accompanying resolution. ATTACHMENTS: Description Upload Date Type Iopment Agr meet 1/2 /2020 weep Material 2 RESOLUTION NO. R-2020- A RESOLUTION authorizing and directing the City Manager to execute a Development Agreement with Apple Tree Construction, LLC., (here after "Developer") for the Plat of Apple Tree Phase 4 WHEREAS, the City of Yakima (here after "City") is a first class charter city incorporated under the laws of the State of Washington and has the authority to enact laws and enter into agreements to promote the health, safety, and welfare of its citizens and thereby to control the use and development of property within its corporate limits; and WHEREAS, the City has the authority to enter into development agreements with those who own or control property within its jurisdiction pursuant to RCW 36.70B.170- 36.70B.170 and YMC 14.10.010; and WHEREAS, on June 6, 2017, after notice duly given according to the requirements of the City of Yakima Municipal Code, the City Council held a closed record public hearing and adopted the recommendation of the Planning Commission for files PLP#002-13 and SEPA#024-13 (see Resolution R-2017-070); and WHEREAS, this Agreement is intended to satisfy the obligations as set forth in the Final Decision for the execution of a development agreement between the Developer and the City to implement the conditions set forth in the Final Decision; and WHEREAS, the City has determined that the Project is a development for which this Agreement is appropriate, and desires to enter into this Agreement. This Agreement will, amongst other things, implement the conditions in the Final Decision, eliminate uncertainty over development of the Project, provide for the orderly development of the Project consistent with the City's current Comprehensive Plan and zoning for this Property, mitigate environmental impacts, and otherwise achieve the goals and purposes for which the Development Agreement Statute was enacted; Now, Therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager of the City of Yakima is hereby authorized and directed to execute the attached and incorporated Development Agreement. The Yakima City Council, after a duly noticed public hearing, has determined that execution of this Agreement furthers the public health, safety and general welfare, and that the provisions of this Agreement are consistent with the Comprehensive Plan and applicable development regulations. ADOPTED BY THE CITY COUNCIL this 4th day of February, 2020. ATTEST: Patricia Byers, Mayor City Clerk o Development Agreement By and Between � City of Yakima and �Apple Tree Construction Company, LUC for � Apple Tree Phase No.4 This Development Agreement("Agreement") is made and entered into between the City of Yakima, a Washington municipal corporation ("City") and Apple Tree Construction Company, LLC. aWashington limited liability company('Y\pp|e Tree"or^Oeve|npar'). |. RECITALS Whereas, the City isa first class charter city incorporated under the laws ofthe State ofWashington and has the authority to enact laws and enter into agreements to promote the health, safety, and welfare of its citizens and thereby to control the use and development of property within its corporate limits; and Whereas, the City has the authority to enter into development agreements with those who own or control property within its jurisdiction pursuant to RCVV3S. 70B. 170(1); and Whereas, a development agreement must set forth the development standards and other provisions that nho|| apply to, govern and vest the deva|opment, use and mitigation of the development of the noo| property for the duration specified in the agreement pursuant to RCVV 36 7D8.17U(1); and VVhereau, for the purposes of this development agreement, "development standards" ino|udmn, but is not limited to, all of the standards listed in RCVV 3670B.170(3); and VVhanyom. Developer ia the owner of five parcels of approximately 24.83 acres at the west side of G. 86th Avenue, YoWmo. Washington (the " Property''). The Property is |eAo||y described as follows: See Attached Exhibit A.. incorporated herein by this reference; and Whereas, Developer has proposed a 68-lot subdivision comprised of three(3) phases together with thrae(3) individual p|ats, authorizing common private interior roadways, gotmo, and no||ad curb and gutter, known as Apple Tree Development—Phase 4� and Whereas, Apple Tree and City cooperated in e public/private partnership to design and construct public wastewater line and service facilities in order to provide wastewater service to the Ahtanum Sub— Basin. Sewer construction and financing was provided by Apple Tnaa Partnership pursuant to 8ovver Construction and Bond Purchase Agreement doted November 14, 2000. Apple Tree Phase No. 4 is situated within the benefit area and properties subject to agreements with regard to vvonbevvobar connections oe set forth in the referenced agreement; and VVhereoo, pursuant to the Growth Management Act, RCVV 36. 70A. the City adopted its Yakima Urban Area Comprehensive Plan. Subsequently, the City has revised and updated this plan and has adopted and continues to adopt development na0u|aUono to implement the p|an, including adoption of Yakima Urban Area Zoning [>ndinonuen, which zoned the property Low Density Residential; and Whereas, an open record public hearing was held before the City of Yakima Planning Commission on April 12. 2017. (following required public notice) and the Planning Commission issued a Recommendation to the Yakima City Council on April 26. 2017; and � � � � 4 Whereas, City Council held ocloomd record public hearing and considered the application, record � and Planning Commission's Recommendation on June 6, 2017, and approved the subdivision(Resolution � R-2017'070); ond � VVharaas, the parties intend this agreement to guide the current and future uses of the property. � and. � Whereas, the City Council, at an open public haohn0, authorized the City Manager to sign this development agreement with the developer, Now, thermfone, the parties hereto agree aafollows: ||. AGF8EE88ENT In consideration of mutual banefibo, the parties agree as follows: 1.__. he FmmKect. The project or Project is the development and use of approximately 24.83 oonao in the City of Yakima. The Apple Tnso Development—Phase 4 approval, PLP#002'13 and GEPA#D24- 13 describe the project an a thirty (30) lot residential deve|opment, and four additional tracts to be developed with residential use, all with gated private ruade, and as more particularly set forth in the approved preliminary plat of Apple Tnoa Phase No. 4 ("Subdivision" or "Plat") — Exhibit B. Exhibit B is attached hereto and fully incorporated herein as the proposed development subject hn this Agreement. Apple Tree Phase No. 4 was reviewed and recommended for approval by the City of Yakima Planning Commission as met forth in the Recommendation to the Yakima City Council on April 26. 2017, and the Subdivision was approved by Yakima City Council on June6. 2017. The devo|qpment, as outlined on Exhibit ^8^ and within the City Counoi|'o findings regarding the preliminary plat incorporating the Planning Commission recommendation, meets the minimum lot size and setback requirements for the R'1 zoning district. Consistent with YK8C 15.28.035(D). the development will contain adequate infrastructure and landscaping as outlined on the plat. 2 'Propertv. The project site in legally described in Exhibit ^A" attached hanabo and incorporated herein by this nafanenoa (sometimes referred to as the "Subject Property" or "Property" herein). 3. Parties to Development Aweemment. The parties to this Agreement are: a) The''City" is the City of Yakima. b) The"Developer" im Apple Tree Construction LLC. c) "Landowner" or ^|ondovvnaro^ From time to time, on provided in this Agreement, the Developer may sell or otherwise lawfully dispose of a portion of the Subject Property to o landowner who, unless otherwise released, shall besubject to the applicable provisions nf this Agreement related to such portion of the Subject Property. 4. PrivateW |tia agreed among the parties that the Project ioa private development and that the City has no interest therein auuopt as authorized in the axan:iso of its governmental functions. 5. XDevelopment Terms. a) Final Plat - Corople1iom and;Re#ordinq. Developer agrees to abide by the terms and conditions established by City for the preliminary plat of Apple Tree Phase No. 4, including construction 5 (or bonding if approved pursuant to Yakima Municipal Code section 14.05.200) of all infrastructure and improvements described on the preliminary plat plan decisions. b) Determination of Non - Significance. Developer agrees that the Property shall be used and developed in a manner consistent with the project description in the State Environmental Policy Act (SEPA) Determination of Non-Significance issued by the City of Yakima on April 11, 2014 (File No. SEPA #024-13), and incorporated herein by this reference as if set forth in full (the "DNS"). c) Gate and Interior Roads. Apple Tree Phase No. 4, Phases I, II,and III will be developed as a gated private residential community. Gate location shall be as set forth on attached Exhibit B. Interior roadways (including fire access roads) shall be private and maintained by Apple Tree and/or a homeowners' association established for or by residents of Apple Tree Phase No. 4. In the event Apple Tree and/or a homeowners' association is terminated, disassociated, or ceases to legally exist, the lot owners of Apple Tree Phase No.4 shall be responsible for the gates and interior roads of the development. The private roadways shall not become public roadways unless they meet all City public road standards and requirements and are accepted by the City Engineer. If the streets are ever made public, all entry and exit gates will be removed. d) Phased Development. Apple Tree Phase No. 4 is designed as a phased residential development. Development shall proceed at such times and manner as determined reasonable and/or appropriate by Apple Tree and subdivision approval shall continue for the period specified herein. Any residential construction shall be subject to applicable building codes in place at the time a complete building permit application for said construction has been received by the City. The parties acknowledge that the most efficient and economic development of the Subject Property depends on numerous factors, such as market orientation and demand, interest rates, competition and similar factors, and that generally it will be most economically beneficial to the ultimate purchasers of the Subject Property to have the rate of development determined by the Developer. The parties also acknowledge that the first phase of Apple Tree Phase 4 will provide improvements available to all tracts of land associated with the entire phased development except Tract"D"and the improvements necessary for Tract"D" shall be constructed prior to, or at the time of development of Tract"D" as required. e) Wastewater Connections. Developer acknowledges and agrees that it shall participate in the development and costs associated with all wastewater connections and necessary infrastructure as required under the Sewer Construction and Bond Purchase Agreement, dated November 14, 2000, which is fully incorporated herein. That Agreement states that during the first 40 years of the Sewer Construction and Bond Purchase Agreement(so until November 13, 2040), the Developer shall not be charged for the future portion of the Trunkage Element found in YMC 7.58.060 as it existed at the time of the Agreement, and that the historic portion of the Trunkage element, which must be paid, is set at the rate in effect, by City ordinance on May 27, 1988. That Agreement, in part, also states that the Developer will not be charged Collection Element, defined as: "that portion of the Connection Charge, as defined in Section 7.58.070 of the YMC and designated 'Base Collection Pipes Charge' ... [consisting of the]equitable share (historic)and actual cost(future)"for any current or future development where it constructs the wastewater collection system at its own expense. As of the date of this Development Agreement the base rate for properties subject to the Sewer Construction and Bond Purchase Agreement is $813.93, not including tax. This base rate will continue through this Development Agreement, pursuant to the Sewer Construction and Bond Purchase Agreement, and if the Developer is the connecting party and has built its own collection pipe. All charges not specifically waived in the Sewer Construction and Bond Purchase Agreement shall be paid by the developer and/or landowner, such as taxes and fees. 6 f) Water Connections and Other Development Costs.. Developer is responsible for all costs of development and the costs of the requirements outlined in the development permit decision approved by the City Council, other than as specifically stated herein. g) Permitted Uses and Development Standards. The permitted uses,density and intensity of use, the maximum height and size of proposed buildings, and the construction, installation and extension of public improvements shall be those set forth in this Agreement; the permits, agreements and approvals identified herein; and all exhibits incorporated herein. 6. Term. This Agreement shall continue in force for a period of thirty-five (35) years unless extended or terminated as provided herein or when the property has been fully developed in accord with the preliminary plat, whichever first occurs. Termination of this Agreement shall not affect any of Developer's obligations herein which expressly or by implication are to continue after the termination of this Agreement; notwithstanding the generality of the foregoing, the parties expressly agree and covenant that the streets within Apple Tree Phase 4 shall be required to be private and shall not be accepted by the City of Yakima as public streets unless, prior to any public dedication of the private streets in the development, the streets are reconstructed to meet the City street standards at the expense of either the Developer, a homeowners' association, or the property owners, as the case may be. 7. Vesting. The subdivision shall be vested to development regulations, standards, conditions, and laws applicable at the time this Development Agreement is recorded, inclusive of specific conditions and standards set forth in said Development Agreement. The vesting period shall be for the Term of the Agreement, unless sooner terminated in accordance with the terms herein. During the stated vesting period the applicant shall be entitled to implement the Subdivision in accordance with the terms and conditions of approval set forth herein. The City and Developer agree that the development rights, obligations, terms and conditions specified in this Agreement are fully vested in the Developer and may not be changed or modified by the City, except as may be expressly permitted by, and in accordance with, the terms and conditions of this Agreement, including the Exhibits hereto, or as expressly consented thereto by the Developer. 8. City's Reservation of Rights. The parties intend this Agreement to be interpreted to the full extent authorized by law as an exercise of the City's authority to enter into development agreements pursuant to RCW 36. 70B. 170. Provided, however, that this Agreement shall be construed to exclude from the scope of this Agreement and to reserve to the City the authority which is prohibited by law from being subject to the mutual agreement with consideration of parties acting under Ch. 36.70B RCW. Without limitation, this shall include the right of the City to impose new or different conditions on the property to the extent required by a serious threat to public health and safety or as required by law. 9. Default/Notices. No party shall be in default under this Agreement unless it has failed to perform as required for a period of thirty (30) days after written notice of default to the other party. Each notice of default shall specify the nature of the alleged default and the manner in which the default may be cured satisfactorily. The party not in default under this Agreement shall have all rights and remedies provided by law or equity, including without limitation, damages, specific performance or writs to compel performance or require action consistent with this Agreement. 10. Assignment of Interests, Rights and Obligations. This Agreement shall be binding and inure to the benefit of the parties. No party may assign its rights under this Agreement without the written consent of the other party, which consent shall not be unreasonably withheld. This Agreement shall be binding upon and shall inure to the benefit of the heirs, successors, and assigns of Developer and the City. 11. Appeals. In the event that any of the permits or approvals associated with the proposed development, including but not limited to SEPA determinations, preliminary plat, or planned development approval, are or may be appealed, then in that event, the City's obligations under this Agreement, and under the above-referenced development entitlements, shall be suspended, and may be terminated upon ^ 7 either order of court of competent jurisdiction or mutual agreement of the parties. Developer agrees not � to appeal any of the previously required permits or approvals associated with the proposed development, � including but not limited to GEPAdmhamninedons. preliminary p|at, or planned development approval. 12. In the event any legal action or special proceeding is commenced against the City by any person or entity other than a party to this Agreement to challenge this Agreement or any provision henain, including any of the pmnnite, opprova|o, or entitlements associated with this Agreement, the City may elect to tender the defense of such lawsuit or individual claims in the lawsuit to Developer, and Developer shall have the sole responsibility for defense of the third-party legal nha||anQa. The tender and acceptance thereof shall relate ou|e|y to defense of the claims but shall not include assumption of any municipal |iabi|ity, obligation or legal responsibility arising from or na|abod to challenged municipal acts oromissions. The Developer shall not settle any such tendered lawsuit without the consent of the City, which consent shall not be unreasonably withheld. 13. and Representations. Developer represents and warrants toCity that Developer has a property interest in the property, and that the covenants and obligations ofDeveloper in this Agreement and in the permits, approvals, and entitlements associated with this Agreement and the proposed development do not violate or constitute a default under or breach of any agreement between Developer and any third party by which Developer iobound. Developer represents and warrants toCity that Developer is fully authorized to enter into and perform its obligations under this Agreement. Developer represents and warrants to City that there is neither pending nor, to the knowledge of Deva|oper, any threatened legal aotion, arbitration or administrative hearing before any governmental authority to which Developer is e party and which could enjoin or restrict Developer's right or ability to perform its obligations under this Agreement. 14. Modification of Master Planned UDevelopment Overlay. Modifications tothe adopted master development plan and/ or Development Agreement may be required from time hotime. Minor modifications will be subject to Type (2) review as defined in YK8C Chapter 15.13. The administrative official shall review modifications to adopted master development plan and/or Development Agreement eeo minor modification ifit has been determined that: a) The amendment does not increase the mnaom identified for any particular land use or increase the residential density approved in the master plan; b} The amendment does not increase the total area of nonresidential uses by more than five percent(596); o) The amendment does not materially change the type and character of approved uses", d) The amendment does not materially change provisions for parking or traffic circulation within the development; e) The amendment does not materially change buffero, setbacks, buffers, landscaping, shoreline, critical areas, or other mitigation meenuven� D The amendment does not motahoUy impact the overall design of the approved master plan; and g) Other similar changes of minor nature proposed to be made to the configuration, design. layout or topography of the master planned development which are deemed not to be mobaha| or significant in relation to the entire master planned development and are determined not to have any significant adverse effect on adjacent or nearby lands or the public health, safetyor welfare. Major modifications will be subject to Type (3) review aadefined in YyNC Chapter 15.15 and shall be referred to the Hearing Examiner in accordance with YyWC15.15.D4D. A"major modifinmUon^shall beany ' } a modification to an approved development agreement that is deemed to be more significant than o "minor � modifiooton'' ao described hareinabmve. � 15. Further �Discretionary Action. Developer acknowledges that the existing land use � regulations for the City of Yakima contemplate the exercise of further discretionary powers by the City. � Nothing in this Agreement shall be construed to limit the authority or the obligation of the City to hold : legally required hearings, orbzlimit the discretion of the City and any of its officers or officials incomplying with or applying existing land use regulations as appropriate. These powers may inc|uda, but are not limited to. review of additional permit applications under GEPA. 16. This Agreement shall expire and 6orbarminaby as provided below: n) This Agreement shall expire and be of no further force and effect if the Developer does not construct the Project aenontamp|atmdbythepermitmandoppnovo|oidanUfiedinthioAgnoennent. and submits applications for development of the Property that are consistent with such permits and approvals. b) This Agreement shall terminate upon the expiration of the term identified in Section 8 herein or when the Subject Property has been fully devm|oped, whichever first occurs, and all of the Developer's obligations in connection therewith are satisfied as determined by the City. Upon termination of this Agreement, the City aho|| record a notice of such termination in a form satisfactory to the City Attorney that the Agreement has been terminated. o) Effect upon Termination on Developer Obligations, Termination of this Agreement an to the Developer ofthe Subject Property or any portion thereof shall not affect any of the Developer's obligations to comply with the City Comprehensive Plan and the terms and conditions or any app|icab|ezoningoodo(o) oroubdivisionmaporothar|andusaentit|amentomppnovedwithreapactbotho Subject Pnoperty, any other conditions of any other development specified in the Agreement to continue after the termination of this Agreement or obligations to pay assessments, liens, fees or taxes. d) Effects upon Termination on City. Upon any termination of this Agreement as to the Developer of the Subject Property, or any portion thereof,the entitlements, conditions of development, limitations on fees and all other terms and conditions of this Agreement shall no longer be vested hereby with respect tothe property affected by such termination (providing that vesting of such entitlements, conditions or fees may then be established for such property pursuant to then-existing planning and zoning laws). 17. Severabilitv. |f any provision of this Agreement are determined bzbe unenforceable orinvalid pursuant boafinal decree or judgment bya court of law ortribunal with juriadioUon, then the remainder of this Agreement not decreed or adjudged unenforceable or invalid shall remain unaffected and in full force and effect. 18. Aqreement to be Recorded. This Agreement may bo modified only by written agreement of the parties hereto. This Agreement ora memorandum thereof shall bm recorded against the Property aa a covenant with the land which touches and concerns the Property and shall be binding upon the City and Oove|opar, their hmiro, ouooeaoons and aaoigns, and all future owners of the Property. Developer shall be responsible for the costs of recording. Any approved modifications to this Agreement shall also be recorded against the Property. 19. Specific Performance. The parties specifically agree that damages are not an odoquoba remedy for breach of this Agreement, and that the parties are entitled to compel specific performance of all material terms of this Agreement by any party in default hereof. 20 Gove Law.and Venue. ThimAgneammntoho||beconotruedon- enforced inaccordance with the laws of the State ofWashington. Venue for any action nhm|| lie in Yakima County Superior Court. n 2event of any litigation or dispute resolution process between the � parties regarding an alleged breach of this Agreement, neither party shall be entitled to any award of � attorneys' fees. � 22benefit of the parties hereto only � and m not intended to benefit any other person nrentity. No person or entity not a party bz this Agreement � (other than a subsequent landowner of a lot in the Plat of Apple Tree Phase No. 4) may enforce the terms : and provisions of this Agreement. 23. Intewation. ThisAgneoment. including its recitals which are fully incorporated henain, represents the entire agreement of the parties with respect to the subject matter hereof. There are no other agreements between the partiee, ons| or written, except as expressly set forth herein. 24. Covenants Runn/mq with�the Land. The conditions and covenants mot forth in this Agreement shall run with the land. Developer and every purchaser, assignee, or transferee of any interest in the Property or any portion thoneof, oho|| be obligated and bound by the terms and conditions of this Agreement, and shall be the beneficiary thereof and a party thereto, but only with respect to the Property, or such portion thereof, sold, assigned, or transferred toit. Any such purchaser, assignee, ortransferee ohm|| observe and fully perform all of the duties and obligations of the Developer contained in this Agreement, as such duties and obligations pertain to that portion of the Property ao|d, ooaigned, or transferred to it. 25. Notices, demands or correspondence to the City and Developer shall be sufficiently given if dispatched by pno-paid, first-class mail to the following addresses: City Manager City of Yakima 129 North Second Street Yahima, WA 98982 Apple Tree Apple Tree Construction Company, LLC 8805 Occidental Avenue Yahima, VVAS8SD3 Notices to subsequent owners of lots in the Apple Tree Phase No. 4 shall be required to be given by the City only for those owners who have given the City written notice of their address for such notice. Aparty hereto sha||, from time to time, advise the other of new addresses for such nubuea, demande, or correspondence. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed as of the date set forth below. CITY OFYAK|&8A By, -�--�--- A|nxK8eyarhqff Interim City Manager APPLE TREE CONSTRUCTION COMPANY, LLC 10 STATE OFVVASH|NGTON County ofYakima � , | certify that | know or have satisfactory evidence thsdJOHN E. BORTON is the person who appeared bafnno me, and said person acknowledged that she signed this inctrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the Managing Member of APPLE TREE CONSTRUCTION COMPANY, LLC to be the free and voluntary act ofsuch party for the uses and purposes mentioned in the instrument. �� �3�enunder my hand and o�oia| seal this /1 -~ doyof - ` 2028. NOTARY PUat(;.. Type/PhntNama __Der- COMA&EXPIRES SEPT.20,2021 a' Notary Public in and for the State of Washington residing at X40/</«M'L � yWy��omnnisoion mxpin*o v -��� -�� _ STATE OFVVASH|NGTON ) ) us^ County ofYakima ) | certify that | know or have satisfactory evidence that ALEX K8EYERHOFF Is the Interim City Manager of the City of Yakima and the person who appeared before me, and said person acknowledged that she signed this inatrummnt, on oath stated that he was authorized to execute the instrument and acknowledged itaothe Interim City Manager ofCITY [>FYAK|MAbe the free and voluntary act ofsuch party for the uses and purposes mentioned in the instrument. Given under myhand and official seal this day of ^ 2020` Type/Print Name^ Notary Public in and for the State of Washington residing 3t°�� My Commission expires^ ���� 11 EXHIBIT 'A' 181206-23025 PARCEL 'B' OF THAT RECORD OF SURVEY RECORDED UNDER AUDITOR'S FILE NUMBER 8020287, RECORDS OF YAKIMA COUNTY, WASHINGTON. 171201-14012 PARCEL 'E' OF THAT RECORD OF SURVEY RECORDED UNDER AUDITOR'S FILE NUMBER 8020287, RECORDS OF YAKIMA COUNTY, WASHINGTON. 1.71201-13013 PARCEL 'F' OF THAT RECORD OF SURVEY RECORDED UNDER AUDITOR'S FILE NUMBER 8020287, RECORDS OF YAKIMA COUNTY, WASHINGTON. 181206-23013 BEGINNING 390 FEET NORTH AND 30 FEET WEST OF THE SOUTHEAST CORNER OF THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 6, TOWNSHIP 12 NORTH, RANGE 18 EAST, W.M., THENCE NORTH 75 FEET; THENCE WEST 284 FEET; THENCE SOUTH 75 FEET; THENCE EAST 284 FEET TO THE POINT OF BEGINNING, RECORDS OF YAKIMA COUNTY, STATE OF WASHINGTON. 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